Fair Value – Safe Harbours Sample Clauses

Fair Value – Safe Harbours. (a) The Security SPV may seek to satisfy the requirement in Clause 15.4 (Fair Value) in any manner.
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Fair Value – Safe Harbours. (a) The Common Security Agent may only seek to satisfy the requirement in Clause 12.3 (Fair value) in one or more of the processes and procedures referred to in paragraph (b) below. (b) The requirement in Clause 12.3 (Fair value) shall be satisfied (and as between the Creditors, Security Grantors, Intra-Group Lenders, the Debtors and the other Parties shall be conclusively presumed to be satisfied) and the Common Security Agent will be taken to have discharged all its obligations and liabilities in this respect under this Agreement, the other Debt Documents and generally at law if: (i) that Distressed Disposal or Liabilities Sale is made pursuant to any process or proceedings approved or supervised by or on behalf of any court of law; (ii) that Distressed Disposal or Liabilities Sale is made by, at the direction of or under the control of, a liquidator, receiver, administrative receiver, administrator, compulsory manager or other similar officer (or any analogous officer in any jurisdiction) appointed in respect of a member of the Group or the assets of a member of the Group; (iii) that Distressed Disposal or Liabilities Sale is made pursuant to a Competitive Sales Process; or (iv) in circumstances where the Common Security Agent (acting in good faith) considers or is advised by its Financial Adviser and/or legal adviser: (A) that a Competitive Sales Process is not reasonably practicable in the circumstances; or (B) that Primary Creditors would be more likely to recover a greater amount or proceeds through an Appropriation or other enforcement process involving a Competitive Sales Process,

Related to Fair Value – Safe Harbours

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